Your shopping cart is empty!
TERMS AND CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use StarMart, including any subdomains, webpages or extension of StarMart.co.in; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of StarMart and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of StarMart by accessing or browsing the Website and/or has registered as a member of StarMart by submitting identification information/ registration details using the computer system of StarMart and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
Amendment: StarMart reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by StarMart Rules and Policies for Sellers and Buyers as provided from time to time in the following hyperlinks:
Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) StarMart authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within  days of booking the Transaction.
Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.
Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on StarMart.
In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on StarMart.
Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case maybe.
Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of StarMart at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, StarMart authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on StarMart.]
Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on StarMart.
Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
StarMart authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by the Company to Buyers and Sellers to facilitate purchase and sale of items as well as making payments there for on StarMart directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, StarMart authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting the Prepay mode as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on StarMart.]
StarMart or any service provided by StarMart may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use StarMart. A minor is not allowed to access or register as a User or sell or purchase any items on StarMart.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
· Registration and Communication
By registering on StarMart, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, StarMart will not be held responsible for the same.
You agree that your sole purpose of registering or using StarMart is to buy or sell unique Indian handicraft products including green-crafted and ethnic products or such products as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use StarMart for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on StarMart. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on StarMart to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to StarMart in any manner whatsoever.
Seller Registration: To be eligible to sell items on StarMart, the User is required to separately register with StarMart authorised Payment Gateway facility on its page on StarMart. The seller shall provide complete details of the Seller Bank Account as a part of the StarMart authorised Payment Gateway Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account..
Buyer Registration:Other than being a User, there is no separate registration requirement for buyers. StarMart authorised Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on StarMart. You further agree that your use of StarMart or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
You understand and agree that the Company merely provide hosting services to its Users who access StarMart for purchase and sale of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on StarMart and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of StarMart indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
Currently the membership on StarMart is free and the Company does not levy any charges/fees for browsing or buying on StarMart. However, for the purposes of listing any item on StarMart to be sold or availing other services provided by the Company through StarMart such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on StarMart. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on StarMart and such changes shall automatically become effective immediately after they are posted on StarMart.
All fees/ charges shall be quoted in Indian Rupees and shall be payable to StarMart within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of StarMart and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with StarMart and disallow access to StarMart. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.
If you purchase anything on StarMart, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.
If you propose to sell anything on StarMart, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.
The Company offers listing, packing, courier, warehousing, design and other value added services (StarMart Logistics) to the sellers who opt to avail any of the StarMart Logistics services agree to comply with the terms and conditions set out in Policy for StarMart Logistics iincorporated herein by reference. The sellers will be charged for such services availed from StarMart Logistics in accordance with the Facility Charges Policy.
You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on StarMart.
Any information provided by you to the Company or submitted to StarMart or provide or display to other Users of StarMart in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.
· User Obligations
All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of StarMart that you may transact with.
You will treat StarMart as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of StarMart who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
o belongs to another person and to which you do not have any right to;
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
o harm minors in any way;
o infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
o violates any law for the time being in force;
o deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;